Non-existent children – a judicial dilemma

Mary Welstead Visiting Professor in Family law University of Buckingham

In July 2024 after three years of hearings and adjournments Mrs Justice Arbuthnot handed down her judgment in AA v ZZ a case which she described as unusual and perplexing. The Applicant wanted a child arrangements order for contact with twins whom he alleged had been born to his wife. The latter gave mixed messages in response to the allegation but finally maintained that there were no such children. Before the issue of contact between the Applicant and his purported children could be determined the existence of the children had to be decided.

It is readily understandable why Arbuthnot J claimed to have: ‘stumbled into an alternative reality’ as she listened to the conflicting and sometimes mind-boggling stories recounted by the protagonists and the witnesses.

The judge finally concluded that the children existed but that their whereabouts were unknown.  Until that mystery is resolved how...